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10 The Indian Evidence Act, 1872 [Sec. 3) Tribunals! and Coroners before whom evidence can be adduced have been held to be Courts.” In Brajnandan Sinha v. Jyoti Narain® it has been held that any tribunal or authority whose decision is final and binding between the parties is a Court. In view of this the Court further held that a Court of enquiry is not a court. In Sitamarhi Central Coop. Bank Ltd. v. Thakur Jugal Kishore Sinhat a Division Bench of the Patna High Court has held that Assistant Registrars appointed under the Bihar and Orissa Cooperative Societies Act are Courts. The Court said that, when a question arises as to whether the authority constituted under a particular Act exercising judicial or quasi-judicial power is a court or not, the following tests must be fulfilled before the said authority can be termed as a Court: (i) the dispute [which is to be decided by him] must be in the nature of a civil suit; (ii) the procedure for determination of such a dispute must be a judicial procedure; and (iii) the decision must be a binding one. This judgment has been affirmed by the Supreme Court in Thakur Jugul Kishore Sinha v. Sitamarhi Central Co-op. Ltd? “Fact” —*Fact” means and includes— (1) any thing, state of things, or relation of things, capable of bei: perceived by the senses; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in go faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation, is a fact. Comments Meaning of fact The Act adopts Bentham’s classification of facts into ‘physical’ and ‘psychological facts. Those which can be perceived by the five human senses are physical or externa facts as illustrated by clauses (a), (b), and (c) while those which exist only in the mit are “psychological” or internal facts as found in clauses (d) and (e), ¢.g., motive, intentior knowledge, good faith or opinion. A shooting B is a physical fact; but his intention in doing so is a psychological fact. The former can be proved by direct as well as indirect evidence or circumstanti evidence i., by proof of facts from which a reasonable inference as to the intention be drawn. The latter cannot be proved by direct evidence except by the confession of the person as it is not possible to peep into the mind of another. However, the state of. a man’s mind is as much a fact as the state of his digestion. A man’s mental conditi can be indicated by his conduct or his words. The former is circumstantial, while latter is direct evidence. 1. Prem Chand v. O.P. Trivedi, (1967) 65 All L} 5. 2. Tanajirao Martinrao Kandambande v. H.J. Chinoy, 71 Bom LR 732 3. AIR 1956 SC 66: 1956 SC] 155: (1955) 2 SCR 955. 4, AIR 1965 Pat 227: 1965 (1) Cr L] 748: 1966 BLJR 15 5. AIR 1967 SC 1494: 1967 Cr L] 1380: (1967) 3 SCR 163. 
